S. M. SUBRAMANIAM
A. Gandhi – Appellant
Versus
Balaji Traders (Akshaya Super Market), Represented by its proprietor B. Prakash – Respondent
ORDER :
(Prayer: Civil Revision Petition filed under article 227 of the Constitution of India to direct the learned Principal District Munsif, Perambalur, to dispose the RLTOP No.3 of 2021.)
1. The Civil Revision Petition has been instituted to dispose the RLTOP No.3 of 2021 within a time frame fixed by the Court.
2. The revision petitioner is the landlord, who instituted proceedings to evict the respondent, who is a tenant. The grievance of the revision petitioner is that he is aged about 73 years and the respondent is attempting to prolong and protract the litigation for unjust gains and therefore, the petitioner is constrained to move the present revision petition.
3. The learned counsel for the petitioner contended that the respondent is filing Interlocutory Application, which all are not maintainable under the provisions of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017. Such applications are filed, and entertained by the trial Court, causing prolongation of the litigation and therefore, direction is to be issued for speedy disposal of the RLTOP No.3 of 2021 filed by the revision petitioner.
4. Section 36 of the Tamil Nadu Act 42 of 2
The Rent Court and Rent Tribunal must ensure speedy disposal of applications under the Act, and parties must comply with court orders to avoid prolonging proceedings.
The discretion of the Rent Court to allow cross-examination, the importance of fair procedures and compliance with the rules of natural justice in Rent Control Proceedings, and the need to avoid prol....
The High Court can exercise its power under Article 227 to issue directions to trial courts for the time-bound disposal of long-pending proceedings, particularly where the opposing parties are set ex....
Rent Courts under TNRRRLT Act lack power for preliminary maintainability decisions; issues via counter at final disposal.
The Rent Court is not authorized to entertain petitions for filing additional pleadings under the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act.
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